Blue Star Group (Victoria) Pty Limited T/A Blue Star Print

[2013] FWCA 9777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blue Star Group (Victoria) Pty Limited T/A Blue Star Print
(AG2013/11829)

BLUE STAR GROUP (VICTORIA) PTY LIMITED T/AS BLUE STAR PRINT CLAYTON WORKPLACE AGREEMENT 2013-2016

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 12 DECEMBER 2013

Application for approval of the Blue Star Group (Victoria) Pty Limited t/as Blue Star Print Clayton Workplace Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Blue Star Group (Victoria) Pty Limited t/as Blue Star Print Clayton Workplace Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blue Star Group (Victoria) Pty Limited T/A Blue Star Print. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 12 December 2013 and, in accordance with s.54 of the Act, will operate from 19 December 2013. The nominal expiry date of the Agreement is 17 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Blue Star Group (Victoria) Pty Limited trading as Blue Star Print, sought approval of a workplace agreement from the Fair Work Commission. The respondent was a union representing employees of the applicant. The dispute centred around the terms and conditions of employment outlined in the Clayton Workplace Agreement 2013-2016. The union argued that the agreement contained terms that were not fair and reasonable and should not be approved.

The legal issues before the Commission were whether the terms of the workplace agreement were fair and reasonable and whether they complied with the applicable provisions of the Fair Work Act 2009. The Commission had to consider whether the agreement met the requirements for approval under section 231 of the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for the approval of an enterprise agreement.

The Fair Work Commission found that the Clayton Workplace Agreement 2013-2016 was fair and reasonable and met the requirements for approval under the Fair Work Act 2009. The Commission noted that the agreement provided for a range of terms and conditions of employment, including wages, hours of work, and leave entitlements, that were comparable to those in other agreements in the printing industry. The Commission also found that the agreement had been negotiated in good faith and that the process for approving the agreement had been followed. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Act.

The Fair Work Commission approved the Clayton Workplace Agreement 2013-2016, subject to certain minor modifications. The modifications related to the calculation of overtime rates and the provision of shift allowances. The Commission ordered that the applicant amend the agreement to comply with the modifications and that the amended agreement be provided to all employees covered by the agreement. The respondent was given the opportunity to make submissions on the modifications, but did not do so.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established